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Ernesto Garcia, Individually, and On Behalf of Other Members of the General Public v. Lane Bryant

January 30, 2012

ERNESTO GARCIA, INDIVIDUALLY, AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED, AND AS AGGRIEVED EMPLOYEES PURSUANT TO THE PRIVATE ATTORNEYS GENERAL ACT ("PAGA"),
PLAINTIFF,
v.
LANE BRYANT, INC., A PENNSYLVANIA CORPORATION,
DEFENDANT.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT (Document 22)

Plaintiff Ernesto Garcia ("Plaintiff") filed the instant motion for leave to file a first amended complaint on December 2, 2011. The matter was heard on January 27, 2012, before the Honorable Dennis L. Beck, United States Magistrate Judge. Gene Williams appeared on behalf of Plaintiff. Eric Meckley appeared telephonically on behalf of Defendant Lane Bryant, Inc.

INTRODUCTION

Plaintiff filed a class action lawsuit against Defendants Lane Bryant, Inc. ("Lane Bryant") and Charming Shoppes, Inc. (collectively "Defendants") in Merced County Superior Court on July 28, 2011. Plaintiff asserted California Labor Code violations, including the following: (1) failure to pay overtime; (2) failure to pay minimum wage for all hours worked; (3) failure to provide employees with complete and accurate wage statements; (4) failure to reimburse employees for all necessary business expenditures; and (5) failure to provide suitable seating.

Plaintiff also alleged violations of California Labor Code §§ 2698 et seq., the PAGA, and of California Unfair Competition Law, California Business and Professions Code section 17200 et seq.

On September 15, 2011, Defendants removed the matter to this Court. On October 31, 2011, the Court dismissed Defendant Charming Shoppes, Inc. from this action. Thereafter, Defendant Lane Bryant filed an answer to the complaint on November 14, 2011.

On November 17, 2011, the Court held a scheduling conference and provided a deadline of December 2, 2011, for the parties to file a motion to amend and a motion to dismiss.

On December 2, 2011, Lane Bryant filed a motion to enforce a settlement agreement entered into between Plaintiff and Defendants. Lane Bryant alternatively sought summary judgment on Plaintiff's claims.

On December 2, 2011, Plaintiff filed the instant motion for leave to file a first amended complaint to substitute the named plaintiff in this case.

On December 5, 2011, the Court vacated the hearing on the motion to enforce settlement agreement, stating that determination of the motion to amend prior to Lane Bryant's motion to enforce settlement will narrow relevant issues and promote efficiency. Doc. 26.

On January 13, 2012, Lane Bryant filed its opposition to the motion to amend. Plaintiff filed his reply on January 20, 2012.

FACTUAL BACKGROUND

On June 2, 2011, Plaintiff filed a discrimination charge against Lane Bryant and Charming Shoppes with the California Department of Fair Employment and Housing ("DFEH"). Declaration of Rebecca Walden ("Walden Dec.") ¶ 3.

On July 26, 2011, Plaintiff filed this class action lawsuit in Merced County regarding wage and hour claims against Lane ...


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